NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1925
SPONSOR: Montesano (MS) TITLE OF BILL:
An act to amend the public health law, in relation to establishing the
reasonable charge for electronic copies of medical records and patient
information
PURPOSE OR GENERAL IDEA OF BILL:
Establishes the reasonable charge for electronic copies of medical
records and patient information.
SUMMARY OF SPECIFIC PROVISIONS:
Both section 1 and 2, as amended by chapter 576 of the laws of 1998, is
amended to add that the reasonable charge for copies provided in an
electronic format shall be the lesser of either seventy-five cents per
page or a total of one hundred dollars.
JUSTIFICATION:
In today's technology, we are still required to pay health care provid-
ers per page printed of medical records, costing from hundreds to
several thousand dollars, when these records are simply copied onto a CD
and sent to the patient to be printed on their own. Therefore, the fees
imposed when a patient requests an electronic version of their medical
records should not reflect any fee for printing them. This bill will
establish a reasonable fee for electronic copies of medical records and
patient information so that no qualified person shall be denied access
to patient information solely because of the inability to pay.
PRIOR LEGISLATIVE HISTORY:
S.6848/A.9022 of 2014; Referred to Health;
S.421/A.1474 of 2016; Held for Consideration in Health.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1925
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
___________
Introduced by M. of A. MONTESANO, DiPIETRO, WALTER, SALADINO, PALUMBO,
FINCH, SIMOTAS -- Multi-Sponsored by -- M. of A. BARCLAY, GIGLIO,
McLAUGHLIN, SIMANOWITZ, THIELE -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to establishing the
reasonable charge for electronic copies of medical records and patient
information
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The first undesignated paragraph of section 17 of the
2 public health law, as amended by chapter 576 of the laws of 1998, is
3 amended to read as follows:
4 Upon the written request of any competent patient, parent or guardian
5 of an infant, a guardian appointed pursuant to article eighty-one of the
6 mental hygiene law, or conservator of a conservatee, an examining,
7 consulting or treating physician or hospital must release and deliver,
8 exclusive of personal notes of the said physician or hospital, copies of
9 all x-rays, medical records and test records including all laboratory
10 tests regarding that patient to any other designated physician or hospi-
11 tal provided, however, that such records concerning the treatment of an
12 infant patient for venereal disease or the performance of an abortion
13 operation upon such infant patient shall not be released or in any
14 manner be made available to the parent or guardian of such infant, and
15 provided, further, that original mammograms, rather than copies thereof,
16 shall be released and delivered. Either the physician or hospital incur-
17 ring the expense of providing copies of x-rays, medical records and test
18 records including all laboratory tests pursuant to the provisions of
19 this section may impose a reasonable charge to be paid by the person
20 requesting the release and deliverance of such records as reimbursement
21 for such expenses, provided, however, that the physician or hospital may
22 not impose a charge for copying an original mammogram when the original
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05976-01-7
A. 1925 2
1 has been released or delivered to any competent patient, parent or guar-
2 dian of an infant, a guardian appointed pursuant to article eighty-one
3 of the mental hygiene law, or a conservator of a conservatee and
4 provided, further, that any charge for delivering an original mammogram
5 pursuant to this section shall not exceed the documented costs associ-
6 ated therewith. However, the reasonable charge for paper copies shall
7 not exceed seventy-five cents per page and the reasonable charge for
8 copies provided in an electronic format shall be the lesser of either
9 seventy-five cents per page or a total of one hundred dollars. A
10 release of records under this section shall not be denied solely because
11 of inability to pay.
12 § 2. Paragraph (e) of subdivision 2 of section 18 of the public health
13 law, as amended by chapter 576 of the laws of 1998, is amended to read
14 as follows:
15 (e) The provider may impose a reasonable charge for all inspections
16 and copies, not exceeding the costs incurred by such provider, provided,
17 however, that a provider may not impose a charge for copying an original
18 mammogram when the original has been furnished to any qualified person
19 and provided, further, that any charge for furnishing an original mammo-
20 gram pursuant to this section shall not exceed the documented costs
21 associated therewith. However, the reasonable charge for paper copies
22 shall not exceed seventy-five cents per page and the reasonable charge
23 for copies provided in an electronic format shall be the lesser of
24 either seventy-five cents per page or a total of one hundred dollars. A
25 qualified person shall not be denied access to patient information sole-
26 ly because of inability to pay.
27 § 3. This act shall take effect immediately.
